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Appeals court denies review of Microsoft's appeal against class action status

Microsoft’s short lived break from the “Vista Capable” lawsuit did not quite see the result the software giant was hoping for. After Microsoft’s appeal of a decision to allow the lawsuit to continue as class action, the U.S. Court of Appeals for the 9th Circuit on Monday denied to hear it.

A statement issued to BetaNews by Microsoft legal spokesperson, Jack Evans, claimed, "The Ninth Circuit's decision not to accept our request for interim review is not a ruling on the merits of our case. We look forward to presenting all of the facts on what the district court itself said is a novel claim."

The suit was filed following and accusation against Microsoft for falsely displaying the “Vista Capable” sticker on Window’s machines that lacked in hardware support. The machines were able to run Windows Vista Home Basic, but failed to handle the other versions. This caused uproar especially with the crowd looking forward to the Vista Aero Glass feature.

It would seem this case is cut and dry with Microsoft misleading customers, but the argument prolonging the case consists of Microsoft’s use of two different stickers. Machines that could only run Home Basic were planted with the “Vista Capable” sticker, while machines that could run all versions were labeled “Vista Ready.”

With the case moving forward as class action and the continuation of discovery, Microsoft could see a rough path ahead if new information comes to light. Over the period of the suit, emails quoting Microsoft’s execs bashing the operating system on their low grade machines as well as the company lowering Vista’s graphics requirements so that Intel can make a few extra dollars on its motherboards has already made this case very intriguing. 

With the discovery of new information, Microsoft could take a lot larger hit than they first expected.   At this point, whether Microsoft wins or loses all the information released and to be released could really put a damper on software sales and future contracts.

The remainder of the case should be quite entertaining if we see what we have been seeing. No other information has been released as of yet.

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Missing an important word
By noirsoft on 4/24/2008 3:11:16 PM , Rating: 2
The stickers were not just "Vista Capable" or "Vista Ready" -- The second sticker was actually "Vista Premium Ready"

That is a huge difference, and makes it clear that those wanting to run Home Premium or above need a "Vista Premium Ready" machine.

Sorry for the abuse of bold, but it is an important word that people are overlooking.

RE: Missing an important word
By odessit740 on 4/24/2008 3:16:49 PM , Rating: 2
I sold computers at the time Vista was released, most "Vista Premium Ready" computers didn't have that sticker for months, only later did they get it, so every laptop/desktop had a "capable" sticker if they were the first to include Vista, basically those computers which were released in February.

Microsoft had BIG signs all around Best Buy talking about Vista, but forgot to create anything which showed the specs for each version... *ahem* accidentally? I call bullshit. It just wasn't in their corporate 'interests' and now they have a lawsuit on their hands. Shouldn't have caused the wide deception/misconception, wouldn't be in this mess.

RE: Missing an important word
By FITCamaro on 4/25/2008 10:19:41 AM , Rating: 2
You are correct that the "Vista Premium Ready" sticker came later. But the "Vista Capable" and "Vista Ready" stickers were there from the start. Now your store might have only had "Vista Capable" machines. But the two designations did exist.

"I modded down, down, down, and the flames went higher." -- Sven Olsen

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